Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Hungary (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee notes the information contained in the Government’s report that the Criminal Code was amended in 2007 to comply with the European Council framework Decision 2004/68/JHA on combating the sexual exploitation of children and child pornography. The Committee notes the Government’s statement that section 7 of Act XXVII on the Modification of Act IV of 1978 on the Criminal Code (Act XXVII) incorporated a new section into the Criminal Code, section 202/A. Pursuant to that amendment, any person who has sexual intercourse or fornicates with a person under the age of 18 in exchange for money or other forms of remuneration is guilty of a felony punishable by imprisonment for between one and three years. The Committee also notes that section 8 of Act XXVII incorporated a new section, section 204, on the offering, possession, distribution or production of pornographic images of persons under 18, into the Criminal Code. The Committee requests the Government to provide a copy of the Criminal Code, as amended in 2007.

Article 5. Monitoring mechanisms. The Committee had previously noted the Government’s statement that the National ILO Council, which is a consultative national forum for social dialogue, supervises and monitors the implementation of the provisions of the Convention. It also noted that the Ministry of Employment and Labour (including the National Chief Inspectorate for Occupational Safety and Labour and the territorial inspectorates) supervises compliance with legislation concerning youth; and that the Ministry of Health, Social and Family Affairs specifies the tasks related to child protection, preparation of legislation applicable to the protection of families, social security, child protection, children’s education and guardianship. The Committee had requested the Government to provide information on the functioning of the National ILO Council and the mechanisms established under the Ministry of Employment and Labour and the Ministry of Health, Social and Family Affairs for the monitoring of implementation of the provisions giving effect to the Convention, and to provide extracts of reports specifying the extent and nature of violations detected involving children and young persons involved in the worst forms of child labour. The Committee notes the Government’s information on the functioning of these institutions. Moreover, the Committee notes the Government’s statement that there was one case reported of minors who were illegally forced to perform work at night to the Ministry of Social Affairs and Labour. The Government indicates that the Ministry of Social Affairs and Labour contacted both the competent guardianship authority and the labour inspectorate, and that the case, upon investigation by the labour inspectorate and child welfare services, was determined to be unfounded. The Committee notes this information.

2. Police. The Committee previously noted the Government’s statement that Measure No. 4/2006 (I.23) of the ORFK on the Implementation of Police Tasks in Connection with the Violation of Law Regarding Prostitution and Human Trafficking pays special attention to the tasks of the police in the prevention of trafficking in children. The Committee further noted that, within the National Investigating Bureau, there is an Internet monitoring group which constantly screens and monitors the Internet for preparations for or traces of criminal offences, especially child pornography. The Committee also noted that the head of the Criminal Department of the National Police Headquarters issued a methodology guide regarding the investigation of affairs relating to trafficking in human beings, including trafficking in children. The Committee notes the Government’s information that three people were convicted of child trafficking in 2006, five in 2007 and zero in the first five months of 2008. The Committee requests the Government to continue to provide information on the number of investigations carried out by the police and the findings with regard to trafficking in children.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Programmes launched by the police. The Committee had previously noted the programmes launched by the police entitled Drug, Alcohol, Tobacco and Aids Programme (DADA) (aimed at teaching safety to children of the 8–16 age group) and ELLEN-SZER (aimed at educating secondary-school students about certain forms of drug consumption, sexual exploitation and ill-treatment). It also noted the Government’s statement that the police established cooperation with civil organizations and other state child protection institutions, and launched several targeted programmes for strengthening the protection of children and minors. The Committee requested the Government to provide further information on these programmes and their impact on eliminating the worst forms of child labour. The Committee notes the copies of the evaluation reports of both the DADA and ELLEN-SZER programmes included in the Government’s report.

2. Action plan for child victims of trafficking. The Committee previously noted the Government’s indication that an action plan was issued in 2005 for the law enforcement bodies of the Ministry of the Interior on their tasks in preventing, reducing and assisting victims of human trafficking with special attention to children. The Committee noted that the country participated in the awareness- raising campaigns of the International Organization for Migration (IOM) aiming at the prevention of trafficking. The Committee requested the Government to provide detailed information on the concrete measures taken under the Action Plan of 2005 to prevent and reduce the trafficking of children and assist child victims of trafficking and to provide information on the results achieved. The Committee notes the information on the national strategy to combat human trafficking for 2008–12 provided in the Government’s report. One of the key priorities of Government Decision No. 101872008 (III.26.) on the national strategy to combat human trafficking is in the field of prevention and victim assistance for persons under the age of 18. The Committee notes this information.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted the Government’s information that consular assistance is provided to victims of human trafficking. It noted that the consul informs the victim about the assistance to be provided by the consular service in notifying the relatives and about the special opportunities offered by the penal procedure and victim protection programme in Hungary. The consul, while dealing with victims in special situations or cases which need special expertise for proper assistance, contacts the governmental and civil organizations which perform victim protection tasks in the country of origin of the victim, in order to obtain information about the methods adopted and types and extent of assistance provided by such organizations in similar cases. The Committee also noted the Government’s indication that, since April 2005, a safe shelter for protection and assistance to victims of criminal offences, especially trafficking in human beings, is in operation in Hungary. The consul, in cooperation with the several ministries of the State, the IOM and the Hungarian Baptist Aid, ensures safety, support and the necessary assistance to facilitate the return of victims who were transferred from the shelter to their home. The Committee requested the Government to indicate the number of child victims of trafficking withdrawn and rehabilitated pursuant to the abovementioned assistance provided by the consular service. The Committee notes the Government’s information that assistance was provided to 17 victims of trafficking, two of whom were minors. The Government’s report indicates that measures were taken by the competent authorities in Hungary and the host country to return these two children home. The Committee notes this information.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observation on the second periodic report of Hungary of 17 March 2006, expressed concern that Roma children have a high drop-out rate from school, despite the fact that education is compulsory and free until the age of 18 (CRC/C/HUN/CO/2, paragraph 62). The CRC noted “that many Roma children leave the school system before graduation, although the Government has established programmes and scholarships in order to further the learning performance of Roma” (paragraph 48). The Committee also notes that, according to the Trafficking in Persons Report of 2008 for Hungary, available on the United Nations High Commissioner for Refugees web site (www.unchr.org), Roma women and children as a group are particularly vulnerable to trafficking for the purpose of prostitution. The Committee recalls that, pursuant to Article 7(2) of the Convention, education is one of the most effective means of combating the worst forms of child labour. Noting that children from minority groups are often victims of exploitation, which may take on very different forms, and are at risk of being engaged in the worst forms of child labour, the Committee requests the Government to provide information on measures adopted to address this issue. The Committee also requests the Government to provide information on the results achieved through the programmes and scholarships that aim to decrease the drop-out rate among Roma children.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the Hungarian Occupational Safety and Health and Labour Inspectorate found two employers employing a total of three employees aged under 15. The Committee notes that the employees were prohibited from performing the given work and their cases were referred to the competent guardianship authority. The Committee further notes that, in the period under review, the Hungarian Occupational Safety and Health and Labour inspectorate took measures in 13 cases involving 27 employees aged under 15.

The Committee notes the statistics provided by the Government on the number of criminal offences committed against minors under 18 years of age. According to this data, the number of criminal offences for child trafficking was three in 2006 and five in 2007; for the violation of personal freedom the number of offences was 110 in 2006, 104 in 2007 and 33 in the first five months of 2008; for procuring the number of offences was 16 in 2006, 11 in 2007 and 44 in the first five months of 2008; for pornography the number of offences was 951 in 2006, 422 in 2007 and 182 in the first five months of 2008; and for drug abuse the number of offences was four in 2006 and six in 2007. The Committee requests the Government to continue to provide information on the worst forms of child labour including, for example, copies or extracts from official documents, including inspection reports, studies and inquiries and to provide information on the nature, extent and trends of those forms of child labour, and the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex.